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Bombay High CourtAPPLN/2165/2018application allowed

Haribhau Annasaheb Late And Others v. The State Of Maharashtra

2024-01-09Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote2 pages

1 901APPLN2165.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 2165 OF 2018 IN CRIMINAL APPEAL [ST] NO. 548 OF 2018 Haribhau Annasaheb Late & Ors.

...Applicants

Versus

The State of Maharashtra

...Respondent

.....

None for the applicants.

Mr. S. D. Ghayal - APP for respondent/State .....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, J.

DATED : 09TH JANUARY, 2024 PER COURT : - 1.

This is an application filed for condonation of 334 days delay caused in filing the Appeal preferred against the Judgment and Order passed by the learned Additional Sessions Judge, Aurangabad in Sessions Case No. 31/2013, dated 06.07.2017.

2.

Perusal of the orders passed by this Court earlier shows that the applicant no. 2 is absconding and this Court has appointed Shri. P. P. Dawalkar to represent applicant nos. 1 and 3. 3.

Needless to state that the appeal is of the year 2018 and since it is ripe for hearing, we are of the considered view that the delay

2 901APPLN2165.2018.odt has to be condoned. Hence, the following order.

ORDER

[i] The application is allowed.

[ii] Delay of 334 days caused in filing the Appeal is condoned. [iii] Office to register the Appeal.

[NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE SG Punde